[WSBARP] Ejectment? Partition?

[Jeanne Dawes]

I believe there are cases out there to support the PR has the sole authority to determine whether or not to liquidate an asset.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Julie Nichols
Sent: Thursday, June 08, 2023 12:50 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Ejectment? Partition?

Good afternoon,
Client is PR of estate; heirs are PR & her two siblings according to will.  Only asset of estate is family home where Client's two brothers have been living for free for some time.
Probate is open and Client PR has non-intervention powers.
Client wants to get brothers out and home on market before it goes into foreclosure.
Our plan is (I think) to provide reasonable notice to leave the property then file an ejectment action, however, the question has come up about whether it might be subject to the partition statute?  Maybe this is just a potential affirmative defense?
Any thoughts would be appreciated.  These scenarios seem to be coming up more and more.

Julie Nichols
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave, Suite 300 (physical only-no mail)
Shelton, WA  98584
360.426.5885


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